Terms and Conditions – Channel Partner

Last updated Jan 11, 2019.

Thanks for choosing to be our channel partner ("Channel Partner"). As a Channel Partner you agree to use, resell, market or re-market services that are provided by Gozo Technologies Pvt. Ltd (hereinafter referred to as "Gozo" or "GozoCabs"), located at F - 210, UGF, Sushant Shopping Arcade, Sushant Lok Phase-I, Gurugram, Haryana-122001.

Please read these terms carefully. By using our services, you are agreeing to all terms & conditions set forth.

In this agreement, the words "including" and "include" mean "including, but not limited to."

DEFINITIONS

GozoCabs or Gozo is a technology company that makes available a travel platform for matchmaking "consumers" seeking travel services from and to various destinations across India with "providers" who can provide such travel services. The services are delivered by the providers and Gozo acts simply as marketplace platform.

Services – Gozo engages in the business of provision of tour and travel related services through it's platform.Collectively these are referred to as Services.

Platform - Gozo engages in the business of provision of tour and travel related services through its various platforms, including its website(s), communication systems like phone or SMS, customer service & call centers, customer and vendor management systems, support ticketing systems and across itsweb and mobile applications. Collectively, these ways of enabling our services are referred to as the Gozo Platform.

Consumer or Customer – An individual or organization that seeks services delivered by independent third-party Operators through the Gozo Platform. Such an individual or organization is a customer on the Gozo Platform. A customer seeks services either for their own use or use by another. However, a customer may or may not be the traveller (actual user of the service).

Provider, Provider Partner or Third Party Provider – An individual or organization that operates as an independent third-party and uses or interacts with the Gozo technology platform to receive marketing leads for consumers that can avail of the provider's service or product. A provider or Provider Partner is an independent third-party who has a contractual relationship with Gozo.

Channel Partneror Reseller – An individual or organization that operates as an independent third-party and uses or interacts with the Gozo technology platform to sell services offered by the Gozo platform to the consumers that in contact with the Channel Partner. A Channel Partner is a lead source for the Gozo Platform as they will make available their consumers requirements on the Gozo Platform with the objective to serve the consumers needs with the help of the Platform.A Channel Partner is an independent third-party who has a contractual relationship with Gozo.

Agreement - This document in its entirely and all other documents (which may be signed between these Parties, from time to time in relation to the subject matter of this document) and any and all schedules, appendices, annexures and exhibits attached to it or incorporated in it or referred or hyperlinked in this document

ELECTRONIC COMMUNICATIONS

When you use the Gozo Platform or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Gozo platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USING OUR SERVICES

You must follow any policies made available to you within our Platform and its Services.

Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not take any action that imposes in our sole discretion any unreasonable or disproportionately large load on our infrastructure. You may not copy, duplicate, reproduce, rent, lease, loan, resell, resell, modify or create derivative works of the content on our Platform. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or any of the content that you access as part of our Platform. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to usebranding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Some of our offered services have additional terms & conditions that apply. Those terms & conditions are listed separately and apply to your use of such services. If at anytime, if the terms listed between those additional terms & the terms listed in this document seem to overlap, then the terms that are more specific, more restrictive in scope or more directly applicable to the specific scenario shall be applicable.

SECURITY ADVISORIES

We take customer and driver safety seriously.

Customer's pickup and drop address must be a valid residential, commercial (office, hotel, shopping mall, markets etc.) or public places (railway stations, airports, bus depots or any other known landmarks). Any isolated area where driver safety may be a concern shall not be considered as a valid pickup address. The Driver reserves the right to refuse a pickup from such location which he deems to be unsafe. The customer shall be required to select a valid and acceptable pickup point in such a case.

We advise and encourage the customers to verify the identity of the driver before the trip begins to confirm if they are travelling with the same person as assigned by Gozo. We also urge our customers to verify the license plate of the car and confirm if they are commercial (yellow plated) and matches the details provided by Gozo.

Similarly, the driver may seek customer's identification proof to ensure that he is picking the right person(s) for the trip.

Considering safety of both Customer and Driver in mind, we usually do not allow a Driver to drive continuously for more than 6 hours at a stretch to avoid Driver fatigue and encourage change of Driver and if required, vehicle from major break points in the journey.

OUR PLATFORM AND ITS CONTENTS

The contents on our platform is for your general information and use only. It is subject to change without prior notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that you and your consumers understand the terms listed on your booking confirmation emails, invoices and that the use of any products, services or information made available through our platform meet your specific requirements.

YOUR GOZO ACCOUNT

You may need a Gozo Account in order to use our Services. You may create your own Gozo Account, or your Gozo Account may be assigned to you by an administrator, such as a Gozo employee or such authorized representative.You represent and warrant to us that any and all information provided by you for creation of your Gozo account is true, accurate and complete. You undertake to notify us promptly of any changes to such information.3.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. If you are using a Gozo Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.

To protect your Gozo Account, keep your password confidential.

You are responsible for the activity that happens on or through your Gozo Account. Try not to reuse your Gozo Account password on third-party applications. If you learn of any unauthorised use of your password or Gozo Account, please notify us immediately by email at info@GozoCabs.com or phone number published to our website.

You may or may not be able to create authorized users for your Gozo account and if you are able to create such authorized users, you shall be responsible for all activities that happen through such user accounts. By creating such authorized users you are giving them the right to act on your behalf.

Gozo may suspend your account at any time that your account is suspected to be misused, found to be used for any unauthorized purpose or suspected to be in violation of Gozo terms and conditions.

Gozo reserves the right to refuse service, terminate accounts, terminate your rights to use Gozo Services, remove or edit content, or refuse or cancel orders in its sole discretion.

PAYMENT(S)

In relation to your use of Gozo Services we may collect a fee from you or may extend to you a fee for services we may receive from you. Any time a payment is made or such financial transaction is conducted it shall be conducted within the boundaries of the law(s). Gozo or You shall raise an invoice at regular intervals for such applicable fees and we expect that payment for such invoices shall be consummated within 7 (seven) days from issue of such invoices.

In any event which leads to termination of your Gozo account either by us, by you or by an external force, you agree to promptly without delay pay us amounts that are due to us as a result of your use of the Gozo account. Wherever applicable, different or additional terms may apply for further defining details of exchanges of fees, penalties and payment related transactions.

PRIVACY AND COPYRIGHT PROTECTION

GOZO'S PRIVACY POLICY (WWW.GOZOCABS.COM/PRIVACY) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Gozo can use such data in accordance with our Privacy Policies.

Content displayed on our platform is copyrighted by GozoCabs. We respect all copyrights and trademarks owned by third-parties. Any third-party content or logos displayed on this website are owned by the respective third-party. We expect you to respect all copyrights. You may not copy or reproduce any content offered by GozoCabs Services without express consent of GozoCabs.

REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you.

You may not assign or otherwise transfer your Account to any other person or entity.You shall not assign, transfer or sub-license any of your obligations under the terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under the terms. Failure or neglect by us to enforce any of the provisions of the Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of the Terms, nor prejudice our rights to take subsequent action.

You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

By use of our services you undertake the responsibility to ensure that the service meets your needs and expectations. We provide the service ‘as-is' and do not make any commitment to the content, nature, reliability or safety of the service.

By use of our services you undertake the responsibility to ensure that the service meets your needs and expectations. We provide the service ‘as-is' and do not make any commitment to the content, nature, reliability or safety of the service.

IN CERTAIN INSTANCES, WE, OUR AUTHORIZED REPRESENTATIVES AND / OR PARTNER PROVIDERS MAY REQUIRE YOU TO PROVIDE PROOF OF IDENTITY TO ACCESS OR USE THE SERVICES, AND YOU AGREE THAT YOU MAY BE DENIED ACCESS OR USE OF THE SERVICES IF YOU REFUSE TO PROVIDE PROOF OF IDENTITY. NO CANCELLATION OR REFUND SHALL BE ISSUED IF WE DENY SERVICE DUE TO REFUSAL TO PROVIDE PROOF OF IDENTITY.

CONFIDENTIALITY

As a Channel Partner in reliance of this agreement you may receive access to our trade secrets, customers and other confidential data and goodwill. All such information is our confidential information and is our Intellectual Property right. You agree to only use such confidential information only for such purposes for which we have granted you permission. You may not claim rights to any such information. You shall not disclose any information made available to you through the use of our platform without our explicit written permission and you shall maintain confidentiality of such information even after your relationship with us may end of any reason.

MODIFYING AND TERMINATING OUR SERVICES

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop some part of or an entire service altogether.

At most times, we include specific rules, terms, conditions and requirements that apply to the product or service that you use on our platform. You are expected to read, understand and comply with those terms. By using our services, you accept those terms and agree to comply with them.

You can stop using our Services at any time, although we would be sorry to see you go. Gozo may also stop providing Services to you or add or create new limits to our Services at any time.

We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.

OUR LIST PRICING AND PROMOTIONS

Pricing for items (products or services) sold on the the platform may be subject to change at anytime without prior notice.

With respect to items (products or services) sold on the platform, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items may be mispriced or unavailable for delivery at your requested time. If the correct price of an item sold on the platform is higher than our stated selling price or if the item is unavailable for any reason, we will, at our discretion, either contact you for instructions before delivering on your order or cancel your order and notify you of such cancellation. We will waive applicable cancellation fees for such cancellations.

We offer promotions from time to time. No two promotional offers can be combined. Only 1 promotional offer can be applied to any order.

OUR WARRANTIES AND DISCLAIMERS

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOZO NOR ITS PROVIDERS, SUPPLIERS, DISTRIBUTORS OR AFFILIATES MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR SAFETY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

THE SERVICES MADE AVAILABLE ON OUR PLATFORM ARE DELIVERED BY INDEPENDENT THIRD-PARTIES. IT IS YOUR RESPONSIBILTIY TO ENSURE THAT THE PROVIDERS SERVICE MEETS THE CONSUMERS NEEDS. GOZO IS ONLY PROVIDING A MARKETPLACE PLATFORM FOR SERVICES AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR OMISSIONS OF THE THIRD PARTY PROVIDER INCLUDING NON-ADHERENCE OF THE SCHEDULED TIMINGS, BEHAVIOUR OF THEIR STAFF, CONDITIONS INSIDE THE CAB, LOSS OF LIFE OR PROPERTY, DELAY, BREAKDOWN OR INCONVENIENCE SUFFERED BY ANY CONSUMER OF THE SERVICE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

WE REQUEST THAT YOU USE FAIR JUDGEMENT WHEN USING OUR SERVICES AND WE URGE THAT YOU MAKE CLEAR SUCH DETAILS TO YOUR CONSUMER. DO NOT USE THE SERVICE IF IT DOES NOT MEET YOUR EXPECTATIONS. ALWAYS ENSURE BEFORE YOU RIDE THAT THE THE IDENTIFICATION OF THE PROVIDER (DRIVERS LICENSE, GOVERNMENT ISSUED IDENTIFICATION, NAME OF PERSONNEL, VEHICLE LICENSE PLATE) MATCHES THE INFORMATION THAT WAS PROVIDED ON THE GOZO PLATFORM. GOZO TAKES APPROPRIATE MEASURES TO ENSURE THAT OUR PROVIDER PARTNERS, THEIR ASSOCIATED PERSONNEL AND VEHICLES ARE COMPLIANT WITH LOCAL LAWS. WHILE WE EXERCISE DUE DILIGENCE ON OUR PART, IT IS THE CHANNEL PARTNERS RESPSONSIBILITY TO MAKE THE CONSUMERRESPONSIBLE FOR MATCHING THE INFORMATION PROVIDED BY GOZO BEFORE THEY ACTUALLY AVAIL. IF A CONSUMER FAILS TO MATCH SUCH INFORMATION OR CHOOSES TO TO AVAIL A SERVICE WHERE THE PERIVDER IS DIFFERENT THAN WAS SCREENED BY GOZO, THEY SHALL BE SOLELY RESPONSIBLE FOR THE CONSEQUENCES.

FOR ALL PURPOSES, WE DO NOT ASSUME RESPONSIBILITY FOR ANY HARM, DAMAGE OR LOSS TO YOUR PERSON OR PROPERTY THAT MAY RESULT FROM SUCH ACTIONS OR INACTIONS RELATING TO YOUR ORDER ON THE GOZO PLATFORM. THIS INCLUDES AND IS NOT LIMITED TO MISSED TRAVEL ARRANGEMENTS. TRIP DELAYS THAT TAKE LONGER THAN ORGINALLY ESTIMATED, CONSEQUENCES OF ROAD ACCIDENTS OR ANY OTHER EVENTS THAT LEAD TO UNPLANNED OR UNDESIRABLE CONSEQUENCES INCLUDING MISSED CONNECTIONS TO FLIGHTS, TRAINS, MISSED APPOINTMENTS, MEETINGS OR IMPORTANT EVENTS OR ANY PHYSICAL DAMAGE TO PERSON OR PROPERTY.

THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOZO, AND ITS SUPPLIERS AND PARTNERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE OUR SERVICES.WE DO NOT ASSUME LIABILITY FOR ANY DAMAGE CAUSED, WHETHER INCIDENTAL, CONSEQUENTIAL OR DIRECT. YOU AGREE THAT OUR LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT YOU PAID US TO USE OUR SERVICES OR ₹10,000 WHICHEVER IS LOWER.

FORCE MAJEURE

Gozo shall not be liable or responsible for its failure to perform or delay in performance of the service obligations if such failure or delay is attributable to or arises out of any Force Majeure Event.

"Force Majeure Event" means an event that is not within the reasonable control of the Party whose performance is affected thereby and shall include any of the following events:

• acts of God or elements (such as, but not limited to, fire, explosions, drought, tidal waves, flood, frost, earthquake, storm, lightning, hurricane, tornado, epidemic),
• war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
• rebellion, revolution, insurrection, violent demonstrations, sabotage, or military or usurped power, or civil war;
• riot, commotion, strikes, go slows, lock outs or disorder, breach of peace, civil unrest, labour unrest,
• acts or threats of terrorism.
• action of statutory authorities, unions, local or central governments, civil or military authorities,
• telecommunication failure, quarantine or due to any other unforeseeable circumstances beyond the control of Gozo.

For the duration of a Force Majeure event, the service obligations of Gozo will be put on hold. Once the event has ended, the service may recommence. Gozo shall not be responsible for disruption or cancellation of customer plans due to cancellation or delay in services by Gozo due to reasons attributable to Force Majeure Events.

SITE POLICIES, MODIFICATIONS AND SEVERABILITY

Please review our other policies, such as our disclaimer & privacy policy, posted on this site. These policies also govern your use of the Gozo Platform.

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective the day after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for Service, you should discontinue your use of our Service.

If there is any inconsistency between these terms and any of the additional terms, the additional terms will prevail to the extent of the inconsistency.

These terms govern the relationship between Gozo and you, our channel partner. They do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of India will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be referred to an arbitrator appointed by Gozo, failing him to any other arbitrator chosen by Gozo and you in writing. The decision of such an arbitrator shall be binding on both parties.

For information about how to contact Gozo, please refer to ourwebsite.